RACZKA v. NICHTER UTILITY CONSTRUCTION COMPANY, INC.


272 A.D.2d 874 (2000)

707 N.Y.S.2d 735

MARK RACZKA, Respondent, v. NICHTER UTILITY CONSTRUCTION COMPANY, INC., Defendant and Third-Party Plaintiff. A.J.L. ELECTRIC CO., INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 10, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiff was injured when the hydraulic platform lift on which he was standing while installing a traffic signal at a height of approximately 27 feet collapsed and plummeted a distance of approximately 17 feet before coming to an abrupt stop. The lift, operated by a co-worker, had malfunctioned on prior occasions. Plaintiff commenced this action against the general contractor, defendant, Nichter Utility Construction...

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